Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Search and Seizure Criminal Appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985:s. 50 - Requirement and purpose of search and seizurein presence of a Gazetted Officer or Magistrate - Explained.ss.42 and 50 rlw s.15 - Appellant caught carrying 3 bagsD of poppy husk in tractor trolley - Conviction of accused andsentence of 10 years RI and fine of Rs. 1 lakhs u/s 15 -Upheld by High Court - Held: Compliance of s. 50 ofconducting search in the presence of Gazetted Officer or aMagistrate, cannot be an empty formality and cannot be dealtE with lightly by courts -- Conclusion of trial court that ss.42 and50 were not applicable to the case was a totalmisunderstanding of legal provisions in the light of factsplaced before it -- Judgement of trial court and confirmation ofthe same by High Court cannot be sustained -- ConvictionF and sentence imposed on appellant is set aside.s. 50 - Search and seizure in presence of Gazetted Officeror Magistrate - Held: In the instant case, trial court omitted toexamine defence of appellant that the officer in whoseG presence search was carried out was not a regularly promotedD.S.P. but an "own rank pay D.S.P. ".Criminal appeal -- Duty of appellate court - Held: HighCourt being the first appellate court was required toindependently reappraise the entire material, and record the conclusions supported by cogent reasons -- High Court failedto independently examine the correctness of findingsrecorded by trial court and simply extracted a portion of thejudgment of trial court, while affirming the conviction-- It failedto exercise its jurisdiction in dismissing the appeal. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 724 |
Petitioner | Gurjant Singh @ Janta |
Respondent | State Of Punjab |
SCR | [2013] 12 S.C.R. 180 |
Judgement Date | 2013-10-28 |
Case Number | 1868 |
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